(1) This Act may be called the Assam Consolidation of Holdings Act, 1960.
(2) It extends to the Districts of Lakhimpur, Sibsagar, Nowgong, Darrang, Kamrup, Goalpara and Cachar in the State of Assam.
(3) It shall come into force on such date and in respect of such area as the State Government may, by notification, in the official Gazette, appoint.
Definitions. 2. In this Act, unless there is anything repugnant in the subject or context,-
(a) “Agricultural” includes horticulture;
(b) “Consolidation” means amalgamation, where necessary, by exchange or redistribution of plots of land so as to make the holding or holdings more compact ;
2
(c) “Consolidation Officer” means an officer appointed as such under Section 3 by the State Government and includes any person authorised by the State Government to perform all or any of the function of the Consolidation Officer under this Act;
(d) “Holding” means the land or lands held in a village by an owner and treated as a unit for assessment;
(e) “Land” means land which is or may be used for ordinary agricultural purposes or purposes subservient thereto and includes the sites of buildings on such land;
(f) “Owner” means a proprietor, land-holder or settlement holder as defined in Section 3 of the Assam Land and Revenue Regulation, 1886 and includes, in the areas acquired by the State under the State Acquisition of Zamindaries Act, 1951, a tenant holding land directly under the State Government ;
(g) “Plot” means a plot of land representing one survey number or dag in the record-of-rights, and where there is no such record, each separate piece of land included in a holding ;
(h) “Prescribed” means prescribed by rules made under this Act ;
(i) “Scheme” means a scheme of consolidation of holdings prepared under the provisions of this Act ;
(j) Settlement Officer will have the same meaning as assigned to it in the Assam Land and Revenue Regulation, 1886 and includes any person authorised by the State Government to perform any function under this Act.
Regulation I of 1886.
Assam Act XVIII of
1951.
Regulation I of 1886.
CHAPTER II Scheme of Consolidation Declaration for preparation of a scheme of consolidation.
3. The State Government may, at any time (a) on the representation of owners desiring consolidation of lands in any area, or (b) on its own motion, declare by notification in the official Gazette that a scheme for consolidation of holdings shall be prepared for the area specified in the notification and shall appoint a Consolidation Officer:
3 1[* * * * * * *]
Provided 2 [**] that the State Government shall have the power to cancel such notification at any time before enforcement of such scheme.
Consolidation Advisory committee.
4. The State Government may, in the manner prescribed, constitute a Goan Panchayat or an Anchalik Panchayat established under the Assam Panchayat Act 1959 as the Consolidation Advisory Committee in the specified area to advise and assist the Consolidation Officer in preparing and implementing the scheme of consolidation.
Assam Act XXIV of
1959.
Principles to be followed in Preparing scheme.
5. The Consolidation Officer shall prepare the scheme with due regard to the following principles, namely—
(a) consolidation shall be made, as far as possible by way of exchange or amalgamation on the owners’ voluntarily agreeing to it before the consolidation Office:
Provided that the Consolidation Officer shall ensure that in allotment of consolidated land, every such person gets, as far as possible, the same area or area of value as the original area or the value of the original area of such person;
3[* * * * * * *] 4 [(aa) setting apart of land, where necessary, for public purposes, which shall include roads or village paths, play grounds, schools, burial and cremation grounds, grazing grounds, village tanks and wells ;]
(b) allotment of a consolidated plot shall be made as far as Practicable to the owner who holds the largest area in that plot;
(c) owners belonging to the same family shall, as far as possible, be allotted adjacent plots;
(d) proximity to owner's permanent homestead or improvement, if any, made by the owner in the plot, shall be taken into consideration in alloting plots;
1. Omitted by Assam Act No. XXI of 1966.
2. Omitted by Assam Act No. XXI of 1966.
3. Omitted by Assam Act No. XXI of 1966.
4. Ins. by Assam Act No. XXI of 1966.
4 1 [(dd) wherever Co-operative Farming Societies are started the land pooled into the society shall, as far as practicable, be consolidated into one or two compact blocks ;]
(e) where the market value of the allotted plots is less than that of the original plots of an owner, compensation shall be payable to him for the deficiency; and where the market value of the allotted plots exceeds that of his original plots, compensation shall be realisable from him for excess value.
Explanation- In preparation of a Scheme for consolidation of holdings the dwelling house of an owner with the land on which it stands, together with any courtyand, compound, attached garden or orchard, shall not be taken into consideration.
Particulars to be included in a Scheme.
6.
2 [***] The Consolidation Officer shall include in the Scheme the following particulars, namely—
(a) a map of the area delineating the villages as it existed before the Scheme;
(b) another map of the area delineating the villages and showing each of proposed consolidated plots therein, 3 [including the setting apart of land for the purposes referred to in clause (aa) of section 5,] as it is likely to emerge after enforcement of the Scheme;
(c) a statement showing—
(i) the names of the owners whose lands are affected by the Scheme;
(ii) the plot number, area, soil classification (where available), land revenue and probable market value of the original as well as of the allotted plots;
4 [(iii) the amount of compensation, if any, which in the opinion of the Consolidation Officer, is payable to or by a person ;]
(iv) any other particulars considered necessary.
1. Ins. by Assam Act No. XXI of 1966.
2. Omitted by Assam Act No. XXI of 1966.
3. Ins. by Assam Act No. XXI of 1966.
4. Ins. by Assam Act No. XXI of 1966.
5 Survey of the villages.
7. For the purpose of preparing the Scheme, the Consolidation Officer shall have the power to carry out, if necessary, any survey or re-survey of any land included in the Scheme, and for that purpose shall exercise the powers of a Survey Officer under part B of Chapter III of the Assam Land and Revenue Regulation, 1886.
Regulation I of 1886.
Publication of the draft Scheme.